How to Choose a Lawyer for Your Medical Malpractice Case

Jack Oceano
If you have been injured or made ill due to the negligent conduct of a doctor or hospital, you may be eligible for significant compensation. But just as there are all kinds of doctors - good and bad - there are also all kinds of lawyers. Your selection of a lawyer for your medical malpractice case is paramount. A competent attorney is even more vital in medical malpractice cases than in other personal injury matters. Here is a guide from an experienced attorney on how to choose a lawyer for your medical malpractice case.

First of all, you should realize that medical malpractice is a very specific area of personal injury law, and that not every competent personal injury lawyer is competent to handle a medical malpractice case. You need a lawyer specifically experienced in medical malpractice cases. One who has experience not only in handling medical malpractice claims, but experience in litigating medical malpractice cases and bringing them to trial.

You must choose a medical malpractice lawyer who knows his medicine. While it is not entirely essential that your medical malpractice lawyer possess a degree in medicine, it certainly helps. And there are a great number of practicing lawyers who are also medical doctors. Look for an attorney who boasts an MD as well as a JD. If you connect with a medical malpractice lawyer who is not an MD, make sure he knows his medicine. Show him your medical records before entering into a retainer agreement, and make sure he can speak knowledgeably about your underlying condition, about your injury or illness, and about what the doctor or hospital did or neglected to do.

You must also choose a medical malpractice lawyer who can afford to advance your expenses, and who can afford to take your medical malpractice case all the way through trial. Unlike with most other personal injury cases, medical malpractice claims rarely settle. Most go all the way to trial. Many even go to verdict. And they are typically much more costly for the plaintiff's lawyer. The plaintiff's lawyer must have an expert witness examine your medical records and your injury or illness. Later, your lawyer will have to pay that expert and perhaps others to testify about your condition and the treating physician's or hospital's negligence. In addition, for trial, your medical malpractice lawyer will likely need costly exhibits, such as medical illustrations and diagrams, and models. Depositions of medical professionals tend to be detailed and run longer than depositions of lay people, so they will likely cost more money too. Make sure your medical malpractice lawyer has enough money to float the bill. Or you may be forced into an insufficient settlement.

Finally, when seeking a medical malpractice lawyer, you should probably shop around. Ask other attorneys for referrals. Find lawyers who have gotten extraordinary recoveries for their medical malpractice clients. But remember not to confuse an exceptional personal injury lawyer with an exceptional medical malpractice lawyer. Make certain your medical malpractice lawyer knows not only his law, but his medicine.

Published by Jack Oceano

Jack Oceano is an attorney whose articles cover a broad range of topics, including politics, legal issues, travel and tourism, dining and nightlife, sports, books, movies, music, and writing.  View profile

3 Comments

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  • Fateplayer37/14/2007

    great article, and i like the photo, it's very foreboding.

  • C.H.7/9/2007

    I can't think of a single attorney in the mid-sized city I worked in that had a JD and an MD or DO. Don't be afraid to travel to get one. A local Bar Association would be able to tell you if there was an attorney in town who possessed both degrees. Great advice as usual, Jack!

  • Amy Brantley7/5/2007

    Great advice.

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